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Personal Injury
Negligent Maintenance
Apartment Fire

Elizabeth Berry v. Jerry Keeton

Published: Jun. 2, 2004 | Result Date: Dec. 1, 2003 | Filing Date: Jan. 1, 1900 |

Case number: NC031449 Verdict –  $4,145,570

Judge

Peter J. Mirich

Court

L.A. Superior Long Beach


Attorneys

Plaintiff

C. Michael Alder
(AlderLaw PC)


Defendant

Juan C. Delgado
(Ford, Walker, Haggerty & Behar LLP)


Experts

Plaintiff

Jan Roughan R.N.
(medical)

Michel F. Brones
(medical)

Lawrence Miller M.D.
(medical)

Defendant

Daniel Bonelli
(technical)

Facts

On Feb. 2, 2001, the 52-year-old plaintiff's apartment unit in Long Beach caught fire while she was sleeping in her bedroom. The origin of the fire was determined to be the living room, and the cause of the fire was undetermined. The plaintiff sustained third degree burns over 19 percent of her body and smoke inhalation causing cardiac arrest and some brain damage. Neither smoke detector in the unit went off. The plaintiff did not testify at trial.

Settlement Discussions

The plaintiff made a C.C.P. Section 998 demand of $300,000 policy limits. The defendant did not respond. The defendant offered $300,000 during jury deliberation.

Specials in Evidence

$135,000 $2.7 million

Injuries

3rd degree burns over 19 percent of the plaintiff's body; smoke inhalation causing cardiac arrest and some brain damage.

Result

$3,712,452 verdict plus $433,119 in interest

Deliberation

1.5 hours

Poll

12-0

Length

seven days


#95847

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